BA - Cancelled Flight - compensation
Jun 26, 2019, 4:10 pm
#1
Original Poster
Join Date: Aug 2014
Posts: 84
BA - Cancelled Flight - compensation
Travelled with friends planned LCY to Zurich on 7.00 am flight. We were business rewards and our friends were in economy (not sure that makes any difference).
10.30 pm previous evening to our flight we both had text message from BA to say flight was cancelled.
We both called BA and arranged a new flight but from LHR to Zurich. This landed about 2hrs 40 mins after the first flight was due to land.
We both filed a claim for E250 under EU law plus £85 transport costs to LHR.
BA paid me £440 (E500) plus £85 for transport.
However, BA telling my friends that they are not entitled to compensation as plane landed under 3 hours late plus the cancellation was not BA fault as a pilot was sick and they could not get a replacement pilot.
Can anyone please advise who is correct.
Thanks.
10.30 pm previous evening to our flight we both had text message from BA to say flight was cancelled.
We both called BA and arranged a new flight but from LHR to Zurich. This landed about 2hrs 40 mins after the first flight was due to land.
We both filed a claim for E250 under EU law plus £85 transport costs to LHR.
BA paid me £440 (E500) plus £85 for transport.
However, BA telling my friends that they are not entitled to compensation as plane landed under 3 hours late plus the cancellation was not BA fault as a pilot was sick and they could not get a replacement pilot.
Can anyone please advise who is correct.
Thanks.
Jun 26, 2019, 4:34 pm
#2
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Join Date: Feb 2010
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Posts: 63,809
It's a 2 hour rule for cancellations (shorter flights at least) so you were correctly processed, your companion needs to write back, mention your case number and ask for a review. See the main EC261 thread for more details. BA can't claim staff sickness for LCY departures, it being a hub station.
Jul 2, 2019, 12:40 pm
#4
Original Poster
Join Date: Aug 2014
Posts: 84
BA Cancelled Flight - Compensation - Who is correct?
My wife and I and our two friends had Reward flights from LCY to Zurich on the 7.00am flight. At 10.30 pm the previous evening we both had a
text from BA to say the flight was cancelled. No reason in the text and the advice was to phone or go online. We both called and both managed to get on a flight but from LHR. Our flight arrived around 2 and half hours after the original time from LCY was due to land. We were both very lucky in that we were both arranged for transport to LHR at a cost of £85 each. We live in different areas of London so we had to get two cars.
I put in compensation claim the following day and BA paid me £440 (E500) plus the £85 transport cost.
Our friends copied and pasted my claim the day after and received a totally different answer. They were offered zero compensation plus £15 for transport expensed based on BA view that LCY is not a main airport and it was sickness there is no compensation payable. They responded quoting the legislation and today had a reply (please see below) saying they are correct but have offered £85 transport compensation.
Any view on this please. Our friends will sue BA if they have a case.
Thanks
"As your flight was cancelled due to a member of the flight crew reported sick and wasn't well enough to operate the flight. Because London City isn't the main airport we operate from we didn't have a standby member of flight crew available, it means you’re not eligible for EU compensation.
Article 5.3 of the EU Regulation 261/2004 states a carrier is not obliged to pay compensation if it can prove the delay or cancellation is caused by extraordinary circumstances, that couldn’t have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. This means you’re not entitled to compensation under the EU Regulation for your delayed/cancelled flight.
[QUOTE]As your flight was cancelled due to a member of the flight crew reported sick and wasn't well enough to operate the flight. Because London City isn't the main airport we operate from we didn't have a standby member of flight crew available, it means you’re not eligible for EU compensation.
Article 5.3 of the EU Regulation 261/2004 states a carrier is not obliged to pay compensation if it can prove the delay or cancellation is caused by extraordinary circumstances, that couldn’t have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. This means you’re not entitled to compensation under the EU Regulation for your delayed/cancelled flight.
Article 5.3 of the EU Regulation 261/2004 states a carrier is not obliged to pay compensation if it can prove the delay or cancellation is caused by extraordinary circumstances, that couldn’t have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. This means you’re not entitled to compensation under the EU Regulation for your delayed/cancelled flight.
As part of our care obligations under EU legislation, we're happy to reimburse reasonable expenses incurred as a result of flight delays and cancellations. It was most helpful of you to send us copies of your taxi receipt and we're happy to contribute £85.00 towards your claim".
text from BA to say the flight was cancelled. No reason in the text and the advice was to phone or go online. We both called and both managed to get on a flight but from LHR. Our flight arrived around 2 and half hours after the original time from LCY was due to land. We were both very lucky in that we were both arranged for transport to LHR at a cost of £85 each. We live in different areas of London so we had to get two cars.
I put in compensation claim the following day and BA paid me £440 (E500) plus the £85 transport cost.
Our friends copied and pasted my claim the day after and received a totally different answer. They were offered zero compensation plus £15 for transport expensed based on BA view that LCY is not a main airport and it was sickness there is no compensation payable. They responded quoting the legislation and today had a reply (please see below) saying they are correct but have offered £85 transport compensation.
Any view on this please. Our friends will sue BA if they have a case.
Thanks
"As your flight was cancelled due to a member of the flight crew reported sick and wasn't well enough to operate the flight. Because London City isn't the main airport we operate from we didn't have a standby member of flight crew available, it means you’re not eligible for EU compensation.
Article 5.3 of the EU Regulation 261/2004 states a carrier is not obliged to pay compensation if it can prove the delay or cancellation is caused by extraordinary circumstances, that couldn’t have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. This means you’re not entitled to compensation under the EU Regulation for your delayed/cancelled flight.
[QUOTE]As your flight was cancelled due to a member of the flight crew reported sick and wasn't well enough to operate the flight. Because London City isn't the main airport we operate from we didn't have a standby member of flight crew available, it means you’re not eligible for EU compensation.
Article 5.3 of the EU Regulation 261/2004 states a carrier is not obliged to pay compensation if it can prove the delay or cancellation is caused by extraordinary circumstances, that couldn’t have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. This means you’re not entitled to compensation under the EU Regulation for your delayed/cancelled flight.
Article 5.3 of the EU Regulation 261/2004 states a carrier is not obliged to pay compensation if it can prove the delay or cancellation is caused by extraordinary circumstances, that couldn’t have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. This means you’re not entitled to compensation under the EU Regulation for your delayed/cancelled flight.
As part of our care obligations under EU legislation, we're happy to reimburse reasonable expenses incurred as a result of flight delays and cancellations. It was most helpful of you to send us copies of your taxi receipt and we're happy to contribute £85.00 towards your claim".
Jul 3, 2019, 7:17 am
#5
Join Date: Mar 2018
Location: Edinburgh
Programs: BAEC Gold, ITA Volare Executive
Posts: 450
I would say that as your flight was due to be operated by BA CityFlyer, LCY is their main hub and they should have standby crew in the event of sickness, after all, no pilots from LGW or LHR would be able to operate the aircraft even if it was due to fly from those hubs.
Jul 3, 2019, 7:44 am
#6
Join Date: Mar 2017
Location: UK
Programs: BA Gold
Posts: 532
As your flight was cancelled due to a member of the flight crew reported sick and wasn't well enough to operate the flight. Because London City isn't the main airport we operate from we didn't have a standby member of flight crew available, it means you’re not eligible for EU compensation.
Being as generous as I can here; clearly whoever is handling this case has misunderstood it. They may have, for some obscure reason, thought it relates to the BA1 flown from London City by Airbus crew based at Heathrow. London City Airport is BA Cityflyer's main operating base and their defence of this claim is fatuous. However, your friends may end up having to go to CEDR don't get annoyed or bother with a claims company it's quite painless and the advice on the main thread is excellent. I suspect as soon as someone sensible at BA reads the claim they will concede but your friends would be well advised to gather a few pieces of evidence to have a strong argument.
In case there was any doubt about where BACityFlyer's crew are based I have attached an advert from BA's own pilot recruitment which may help. It rather conveniently says BA Cityflyer are: The "leading airline at London City Airport" and "our home at London City Airport". You can find a similar advert for First Officers and other posts related to BACityFlyer. If you click on the conveniently provided map in the advert to find local transport links to where you are working it centres on City Aviation House at London City Airport.
BA pilot recruitment advert : fromhttps://careers.ba.com/job/london/ba-cityflyer-direct-entry-captain/22348/12080796 at 1432 on 3 July 2019.